Notice for the OJ

 

Action brought on 23 September 2002 by Oriental Kitchen SARL against Office for the Harmonisation of the Internal Market (trade marks and designs) (OHIM)

    (Case T-286/02)

    (Language of the case: French)

An action against Office for Harmonisation in the Internal Market (trade marks and designs (OHIM) was brought before the Court of First Instance of the European Communities on 23 September 2002 by Oriental Kitchen SARL, whose registered office is in Choisy-le-Roi (France), represented by Jean-Jacques Sebag, lawyer.

Mou Dybfros A/S, Esbjerg (Denmark) was also an intervener in the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the appeal decision of 28 June 2002 of the Office for the Harmonisation of the Internal Market;

-vary the decision of the Office for the Harmonisation of the Internal Market of 11 December 2000;

-reject the opposition made by Mou Dybfros A/S;

-uphold the registration of the trade mark KIAP MOU sought by Oriental Kitchen;

-order Mou Dybfros A/S to pay all the costs.

Pleas in law and main arguments

Applicant for the Community trade mark:the applicantThe Community trade mark concerned:the word mark "KIAP MOU" registered for goods in Classes 29 and 30 (including meat and prepared dishes) - application No 950667Proprietor of the right to the trade mark or sign asserted by way of opposition in the opposition proceedings:Mou Dybfros A/STrade mark or sign asserted by way of opposition in the opposition proceedings:the national trade mark "MOU", registered for goods in Classes 29 and 30Decision of the Opposition Division:rejection of the application for registrationDecision of the Board of Appeal:rejection of the applicant's appealGrounds of claim:- since the word "mou" in Laotian and Thai means "porc", the trade mark "MOU" is merely descriptive and thus may not be protected;

- registration of the trade mark "MOU" would in fact prevent the use of a word with meaning which must be used in order to describe the nature of the product to be sold.

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